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HomeMy WebLinkAbout3288 Regarding Bonds and Amending Section 2.44.010 Contractor Performance Bonds and Amending Section 3.46.080 Competitive Bidding Procedures of the Municipal CodOrdinance 3288 Page 1 of 2 ORDINANCE NO. 3288 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, REGARDING BONDS AND AMENDING SECTION 2.44.010 CONTRACTOR PERFORMANCE BONDS AND SECTION 3.46.080 COMPETITIVE BIDDING PROCEDURES OF THE PORT TOWNSEND MUNICIPAL CODE RECITALS: The City Council of Port Townsend finds as follows: 1. The Washington State Legislature modified the requirements for public works projects performance bonds by allowing entities to waive bonds for limited public works projects. 2. The Washington State Legislature also gave contractors the option to choose ten percent retainage in lieu of providing bonds on public works projects with a value of $150,000 or less. 3. The Port Townsend Municipal Code requires performance bonds on all public works projects. This is inconsistent with the Washington state code. NOW, THEREFORE, the City Council of the City of Port Townsends hereby ordains as follows: Section 1. Port Townsend Municipal Code 2.44.010 Authorization is amended as set forth below: 2.44.010 Authorization. The city shall require performance bonds on all public works projects performed by private contracts as required by Chapter 39.08 RCW, as it now reads or is later amended. The directorof IlLiblic works„rmmll y warvemm grlbrniance bonds on limit d III blic wod sP.rgjects in accordance witli 1WW 39.04.155,....The contractor nia, t°a-bluest the city retain tcrr Ler c c mtat of llt contract amount in lieuofPerformance and payment botidswhen authorized by RCW 3908.010., The city may require performance bonds to help guarantee completion of any other types of contracts, including but not limited to consulting contracts and contracts for delivery of supplies. The city may also use bonds to guarantee completion of regulated activity or of projects that are subject to permits, in which case the bond requirement shall be made a condition of project approval. Section 2. Port Townsend Municipal Code 3.46.080(C) Competitive Bidding Procedures is amended as set forth below: Ordinance 3288 Page 2 of 2 C. Performance Bonds. A performance bond or other security shall be required on all public works construction projects when required by it ^^^orlon~^ wit RCW 39.08.010 and .as hereafter amended or RCW 39.04.155 as hereafter amended. Section 3. Severability. If any sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force five days after the date of itsu p blication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. AD0111'ED by the C y Council of the City of Port Townsend, Washington, at a meeting, thereof, held tliis d'ay,ol`April 2022. Attest: ....... ........�- ---- Joanna Sanders, MMC City Clerk David J. Faber Mayor Approved as to form: �cli _,.___ ........ City Attorney